Baniya @ Upendra vs State Of Madhya Pradesh

Ashish Shroti, J

Case diary is perused.

Learned counsel for the rival parties are heard.

The applicant has filed this first application under Section 483 of BNSS, 2023 for grant of bail. The applicant has been arrested on 06/12/2025 by Police Station- Vijaypur, District- Sheopur (M.P.) in connection with Crime No.83/2025 registered in relation to the offence punishable under Sections 115(2), 296, 351 (3), 324 (2), 3(5), 117(2), 118 (2) of BNS.

Allegation against the applicant, in short, is that he assaulted the wife- Sheela Rawat of the complainant by means of stick, due to which, she received injuries on her ribs. On the basis of aforesaid, crime has been registered against present applicant and other co-accused persons.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case and he is not involved in the case directly or indirectly. It is further submitted that initially the case was registered against the applicant for the offence under Sections 115 (2), 296, 351 (3), 324 (2), 3(5) of BNS. Since all the offences were punishable less than seven years, therefore, he was released from the police station after giving notice under Section 35(3) of BNSS and since then he was cooperating in the investigation. However, during investigation, Sections 117 (2) and 118(2) of BNS have been added and the applicant has been arrested. It is further submitted that the allegation against the applicant is of beating the wife of the complainant by stick, due to which, she received injuries on her ribs which are not fatal. Even if the said allegation is accepted, offence under Section 117 (2) and 118(2) of BNS would not be made against the applicant. The applicant is in custody since 06/12/2025 and he is a permanent resident of District- Sheopur (M.P.). There is no likelihood of his absconsion or tampering with the prosecution evidence. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.

Per contra, learned Public Prosecutor for the State vehemently opposed the application and prayed for dismissal of the application.

After hearing the learned counsel for the parties and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court.

This Order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/Trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigation Officer, as the case may be.

A copy of this order be sent to the Court concerned for compliance.

Certified copy as per rules.